The White Picket Fence: Legal Rights Audit 2018

Friday, December 21, 2018

Legal Rights Audit 2018

The erosion of the fundamental legal rights of all Australians have accelerated under federal law in 2018.

My report Legal Rights Audit 2018 revealed that the legal rights of the presumption of innocence, natural justice, the right to silence and the privilege against self-incrimination are explicitly breached by 358 separate provisions in Acts of federal Parliament.

By stripping away important principles like the presumption of innocence, the right to silence, and the privilege against self-incrimination, our legal system will not achieve just outcomes.

The fact that there has been another substantial increase in legal rights breaches proves it is a systemic problem.

The Morrison government must make it a priority to reverse course and address our legal rights problem.

These findings are a huge blow to the idea that Australia’s legal system is built on the rule of law.

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RICHARD J WOOD

Today, those who subscribe to the principles of individual liberty, limited government, the free market, and the rule of law call themselves by a variety of terms, including conservative, libertarian, classical liberal, and liberal.

I see problems with all of those terms.

"Conservative" smacks of an unwillingness to change, of a desire to preserve the status quo.

Only in Australia do people seem to refer to free-market capitalism — the most progressive, dynamic, and ever-changing system the world has ever known — as conservative.

Additionally, many contemporary Australian conservatives favour state intervention in some areas, most notably in trade and into our private lives.

"Classical liberal" is a bit closer to the mark, but the word "classical" connotes a backward-looking philosophy.

Finally, "liberal" may well be the perfect word in most of the world — the liberals in societies from China to Iran to South Africa to Argentina are supporters of human rights and free markets — but its meaning has clearly been corrupted by contemporary Australian liberals.

The philosophy that animates my work has increasingly come to be called "libertarianism" or "market liberalism."

It combines an appreciation for entrepreneurship, the market process, and lower taxes with strict respect for civil liberties and scepticism about the benefits of both the welfare state and foreign military adventurism.

The market-liberal vision brings the wisdom of the Australian Founders to bear on the problems of today.

As did the Founders, it looks to the future with optimism and excitement, eager to discover what great things women and men will do in the coming century.

Market liberals appreciate the complexity of a great society, they recognise that socialism and government planning are just too clumsy for the modern world.

It is — or used to be — the conventional wisdom that a more complex society needs more government, but the truth is just the opposite.

The simpler the society, the less damage government planning does.

Planning is cumbersome in an agricultural society, costly in an industrial economy, and impossible in the information age.

Today collectivism and planning are outmoded and backward, a drag on social progress.

Market liberals have a cosmopolitan, inclusive vision for society.

We reject the bashing of gays, Japan, rich people, and immigrants that contemporary liberals and conservatives seem to think addresses society's problems.

We applaud the liberation of blacks and women from the statist restrictions that for so long kept them out of the economic mainstream.

Our greatest challenge today is to extend the promise of political freedom and economic opportunity to those who are still denied it, in our own country and around the world.

My ever-growing areas of expertise include the environment, deregulation, workplace relations, energy, and governance.

On these and other topics I speak at conferences, lectures and seminars, and publish a wide variety of magazines, occasional papers, and comprehensive issue backgrounders.

I also participate in the mainstream debate, appearing in newspapers and journals worldwide.

Take some time to look around my website.

I have currently an enormous range of papers, publications, commentary and issue analysis online, as well as information on upcoming events around the country.

Countdown:

Policy Papers

Australian coastal shipping: the high price of protection (1990)
Too few jobs: why governments can't cure unemployment (1990)
Vested interests and the public interest: Submission to EPAC (1990)
The destruction and creation of jobs (1990)
The Telecom monopoly, natural or artificial? (1991)
Australian grain marketing: achieving lower costs (1991)
Towards efficient transport (1991)
Higher education in Australia: a way forward (1991)
Empty bed blues: Australian health care policy (1992)
Free to fly: practical airline deregulation (1992)
The sources of union power (1992)
What do our children know?: a study of educational standards (1993)
Who pays for protection (1993)
Deregulate or decay: the lesson of the 1930s for the 1990s (1993)
Fiscal anarchy: the public funding of multiculturalism (1993)
Apprenticeships (1993)
Industry protection, a primer (1995)
The economics of mineral export licences (1995)
A new approach to defence: the Wrigley report and after (1995)
Dividing the spoils: markets, government and corruption (1996)
Honest money (1997)